when the committee on government reform requested documents related to the 2004 death of an armigey ranger. did the department ever exert executive privilege? >> snowe, the department has used this term, which, as i understand it, indicates its executive privilege in the process that is a long and complex process that i believe the committee is engaged with the department in and should continue to engage the department in. >> is it true that only the president of united states can exert can exert executive privilege? >> the president himself must exert a privilege but it is usually done through a department head. >> was that done in this case? >> it has not been done yet, no. >> but you went along with their position and did not disclose the documents to congress? >> explain the best i can to my committee in my letter responding to the subpoena and the reason why we did not turn over the documents. they are not our documents. the privileges not ours to assert. the privileges not ours to waive. >> you said in an april 80 letter that promises of confidentiality are needed to ensure departmen